Legal Norms and State: Sources, Classifications, and Theories
Formal Sources of Legal Norms
These are the processes of manifestation of legal norms. Formal sources are the processes by which one or more state agencies formulate and enact certain general rules of law enforcement.
- Legislation: It is an established use in a community and considered by it as legally binding.
- Custom: A formal indirect source, it is the set of principles or doctrines from criteria found in the judgments or decisions of judges or courts.
- Decisions: Scientific studies that the lawyer makes about the law in order to interpret its rules and point out the rules for its implementation.
- Doctrine: Only applies to one or more members, individually determined.
- Individual Norm: These are phenomena that contribute, to a greater or lesser extent, to the production of legal rules.
- Sources Royals: They are documents that contain the text of a law or set of laws in the past.
- Historical Sources: It is the acceptance of a bill by the Executive.
- Punishment: At this stage, it is the vote on the passage of the law, in order to pass the reviewing chamber.
- Discussion
Classification of Legal Norms
From the point of view of the system they belong to, the precepts are divided into national and international. For the source that gives rise to a right, it can be: jurisprudence, legal, and customary. The portion of space where a provision is applicable: federal, state, and municipal. From the point of view of the temporal sphere of validity, the law can be of determinate and indeterminate effect. The force is given a temporary field whose formal validity is established in advance, and when their period of validity has not been fixed from the outset, it is indeterminate. The material scope of validity refers to public and private law. Depending on whom they are addressing, the standards are generic and individualized; as an example of the latter are the judgments. From the standpoint of its sanctions, they are perfect, rather than perfect, less than perfect, and imperfect. The rules for their quality, allowing certain behavior, are permissive or prohibitive, positive or negative. By the will of individuals, laws may not be applicable by the express will of the parties to a legal situation, and concrete are devices that force regardless of the will are limited to.
The Crusades
The Crusades were a series of religious wars between Christians and Muslims to regain the Holy Land.
Theories of the State
- Organicist Theory: This conception is based on the analogy between the state and a living organism.
- Hobbesian Theory: It is a pessimistic view of the human being, regarding the state of nature as a permanent situation of conflict between individuals. Thomas Hobbes
- Formalist Conception: The state is the corporation formed by a people with a native command power and settled in a particular territory. Jellinek
Elements of the State
The personal sphere of validity of the rules of a unified system of positive law is determined by the end of charging center rules; the territory is the sphere of validity of legal norms finally given legal power, which means the ability to create and implement the right. Concerning the third element of the state, that is the government.
Legal Disciplines
The philosophy of law and jurisprudence technique belongs to the fundamental legal disciplines, while the history of law, legal sociology, and comparative law belong to the ancillary legal disciplines. The two key points that the philosophy of law studies are determining the concept of right and discovering the values that the legal system aims mainly to achieve: justice, followed by the common good and safety. The legal theory is the discipline that deals with being the right.